Member

There may well be situations in which a denial of a home loss payment would be justified when there has been a significant culpable failure to comply with obligations to maintain, repair or safeguard the property, wholly or in part. However, the proposed list of unqualified exceptions in the clause as drafted could operate unduly harshly and punitively, taking no account of individual circumstances or any underlying reason for non-compliance with the notice or order triggering application of the exception and leading to an automatic forfeiture of the right to a home loss payment.